Practice Areas

Long Term Disability ERISA and Private Disability Insurance Claims

Social Security Disability (SSD)

Berkshire Disability Insurance Denied Policy Holders| Florida Berkshire Disability Denied Attorney

Carrier Claims - View By Carrier

Hartford Claims Denied

Florida City and State Pension Disability Claims

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FREE Books

Florida's First Responder Heart/Lung Benefits: What You Need to Know

Your Wage and Hour Rights -Information Your Employer Never Wanted You to Hear.

Your Rights to Social Security Disability Benefits - Information the Social Security Administration Rarely Tells Your About Your Claim.

Robbed of Your Peace of Mind? Important Information on Long Term Disability Insurance Policies, The Claims Process, and How to Win Your Long Term Disabality Benefits.

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Library

Long Term Disability ERISA and Private Disability Insurance Claims

• Long Term Disability Carriers Team Approach to Denying Your Long Term Disability Claim
• Dealing with the Insurance Carrier: Your Medical Records and Your Long Term Disability Claim
• The Many Mistakes Vocational Evaluators Use in Long Term Disability Cases

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Will My Employer Help Me with My Long Term Disabiity or ERISA Claim?

Maybe!

If your employer is self insured for short term disabiity, the money to pay you is coming from your employer's pockets. If you have a good claim and were a good employee, you might be paid your short term disability benefits. I have had cases where the employer has overridden a short term diabiility administrator's decision to deny benefits because the employer liked the employee. I have seen cases where just the opposite took place!

Rarely will an employer work with you so you can keep your job after you have become disabled. Your employer provided you with a disability policy to help you if you became disabled, but your employer did not promise you a job if you became disabled. So, don't expect much from your employer.

Some employers will make an effort to help a disabled person return to work. If your attempt to return to work is not successful, you should document why you could not do the job and make sure your doctor comments in your records about your attempt and what problems you had. Don't quit unless the doctor says you cannot do the job.

Give your employer that documentation and any other material you think shows you made a good faith effort to return to work. If you can get a co-employee or better yet, a supervisor to write out what they saw you do, how your job was changed to help you with your problems and what diffculites you had, that would help your claim.

The reality is that, at some point, you will either return to work or you won't. If it is likely you won't, you need to look for an alternative source of health insurance.

Your disability carrier will be talking with HR about your claim. If you don't cooperate with your employer's efforts to assist you in a return to work, the long term disability or ERISA carrier will know about it!

You may be set for a huge reduction in your disability benefits by being placed by your employer in a lower paying job before you stop working. Your disability benefit are paid based on the job you were doing at the time you placed the carrier on notice of your claim.

If you try to hold on by changing to a less demanding job at a lower pay, you may be changing your "own occupation" so that your disability benefits are paid based on the lower paying job and not the one you were really doing at the time you became disabled.

Your employer will also want to replace you or even eliminate your job depending on the finances of the busienss. You need to do what is in YOUR best interest and not your employer. After all, our employer is most likely not going to be paying your mortgage, car payment... you are... so think long and hard before you take a lower paying job with your employer.

Don't be afraid to call contact an ERISA or long term disabiility lawyer like Nancy Cavey to give you advise about your options before you make a mistake the your employer won't let you fix and one that could cost you your job or disability benefits.

Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188.

Contact Us Today - Free Consultation

Videos

Long Term Disability ERISA and Private Disability Insurance Claims:

• Long Term Disability | Peace of Mind | St. Petersburg Disability Attorney
• An Introduction to ERISA | St. Petersburg ERISA Attorney | Tampa Bay | Florida
• Long Term Disability Myths | LTD Lawyer | Florida
• Robbed of Your Peace of Mind? | Must Read ERISA Book | ERISA Lawyer St. Petersburg | FL
• CaveyLaw - Long Term Disability Unfair Language 5

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FAQs

Long Term Disability ERISA and Private Disability Insurance Claims

• Should I shop for Long Term Disability Policies?
• What are the Myths of Long Term Disability Policies?
• Has Your Long Term Disability Claim Been Denied Because of the Wrong Diagnosis?
• What Should I Look For in a Disability Insurance Policy?
• Is it unethical when a LTD carrier denies my claim for benefits based on a psychological paper review?
• What is Short Term Disability Insurance?
• Do I Really Need a Private Disability Insurance Policy if I have a policy through work?
• How Do I Hire the Right Disability Attorney?
• What Should I Look For in a Disability Insurance Policy?
• I have chronic pain and the long term disability carrier says my pain is not "objective". Do you have tips on how to prove I have pain so I can win my long term disability case? 
• No. 1 - Is the long-term disability carrier entitled to repayment because I got Social Security Disability benefits?
• No. 2 - Long-term disability benefits and my healthcare coverage through COBRA
• No. 3 - Long-term disability and financial planning.
• No. 4 - The 2008 economy and the payment of long-term disability benefits.
• No. 5 - What every medical professional needs to know about ERISA.
• No. 6 - The Long-term Disability Carrier is trying to talk with my treating physician behind my back. What should I do?
• No. 7 - The long-term disability carrier is denying my benefits because my physician won't respond to their request for information. What should I do?
• No. 8 - Psychological disability and long-term disability claims.
• No. 9 - Has your claim for long-term disability benefits been denied on the basis that you haven't been putting forth your best efforts?
• No. 10 - The seven things long-term disability policyholders should do.
• No. 11 - Can I refuse to attend a neuropsychological exam at a long-term disability carrier?
• How can I check out UNUMProvident's reputation for paying short and long term disability benefits?
• If I become injured or disabled, when is the best time to apply?
• What medical conditions are considerd disabling?
• How can I get a decision faster when I apply for disability?
• If my Long Term Disability claim is approved how much will I receive?
• Can I collect Long Term Disability Benefits for Multiple Sclerosis?
  
• Can I Refuse to Attend a Neuropsychological Exam Scheduled By My Long Term Disability Carrier?
• If I am disabled and collecting long-term disability, will that impact my financial planning?
• I have filed my application for long terrm disability benefits. How long will the long term disability insurance company take to tell me if they are going to pay my long term disability insurance benefits?
  
• What Should I Do If My Doctor Refuses to Fill Out the Long Term Disability Insurance Medical forms?
• Can I refuse to attend a neuropsychological exam at a long-term disability carrier?
• I am reducing my hours at work and wonder when should I apply for long term disability benefits?
  
• Should I continue to pay the premium for long term disability coverage if I am awarded my long term disability benefits?
• The long term disability/ERISA carrier has decided to pay my long term disability benefits. What happens next?
• The long term disability/ERISA insurance compnay refuses to pay my disability benefits and I want to sue them!
• How is the long term disability/ERISA lawyer going to let me know if they are going to pay my disability benefits?
• What happens after I file my claim for disabilty insurance with my long term disability insurance carrier?
• The long term disability/ERISA carrier wants me to be examined by their doctor. What should I do?
  
• My doctor tells me to start reducing my hours. Should I apply for long term disability benefit/ERISA disability?
• I have filed my claim for long term disability benefits and the long insurance term disability insurance company is calling. What should I do?
• I have just filed my claim for long term disability benefits. What happens next?
• What written material does the Long term Disability/ERISA carrier look at when they decide if they are going to pay my long term disability benefts?
• Is there any benefit to me to have a long term disability/ERISA attorney represent me in my long term disability/ERISA claim?
• My long term disability/ERISA carrier is taking forever to tell me if they will pay my benefits. What should I do?
  
• What am I supposed to do when the long term disability/ERISA carrier stops paying my long term disability benefits?
  
• What should I do if the long term disability insurance company denies my long term disability claim application?
  
• Does Florida state law affect my personal private (non-ERISA) disability claim?
• I paid my premium for long term disability benefits all these years. Now that I need those benefits, will the long term disability carrier pay my long term disability/ERSIA benefits?
  
• Is there a difference between short term and long term disability benefits?
• Is there a "treating doctor" rule in long term disabilty/ERISA cases that says my long term disability insurance company has to accept the opinons of my doctor?
  
• Will the long term disability insurance company send someone to my house to take my statement?
• Will the long term disabiility/ERISA insurance company contact my co-workers, family members, or neighbors?
• Help! The Long Term Disabilty/ERISA carrier has called and wants to come to my house! What should I do?
  
• My doctor tells me that I can't work anymore. What steps should I take before I stop working?
  
  
• When should I file a claim for long-term disability/ERISA benefits?
• Do I have to have the long-term disability/ERISA insurance company's permission to speak with my doctor?
• What does ERISA do?
• What if I am a public employee?